Author |
Message |
Gambit_x77
Member
08-25-2005
| Tuesday, July 31, 2007 - 2:29 pm
Oddysy her clothes weren't wet cuz her body is so hot that the tea evaporated before it hit her.
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Beckie03
Member
07-05-2007
| Tuesday, July 31, 2007 - 2:29 pm
240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (b) When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment. (c) As used in this section, the following definitions apply: (1) Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) "Emergency medical technician" means a person possessing a valid course completion certificate from a program approved by the State Department of Health Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (3) "Mobile intensive care paramedic" refers to those persons who meet the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (4) "Nurse" means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (5) "Lifeguard" means a person who is: (A) Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations. (B) Wearing distinctive clothing which includes written identification of the person's status as a lifeguard and which clearly identifies the employing organization. (6) "Process server" means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code. (7) "Traffic officer" means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles. (8) "Animal control officer" means any person employed by a county or city for purposes of enforcing animal control laws or regulations. (9) (A) "Code enforcement officer" means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints. (B) "Code enforcement officer" also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). 241.1. When an assault is committed against the person of a custodial officer as defined in Section 831 or 831.5, and the person committing the offense knows or reasonably should know that such victim is such a custodial officer engaged in the performance of his duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. 241.2. (a) (1) When an assault is committed on school or park property against any person, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor's parents. The court shall take into consideration the ability of the minor's parents to pay, however, no minor shall be relieved of attending counseling because of the minor's parents' inability to pay for the counseling imposed by this section. (b) "School," as used in this section, means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college. (c) "Park," as used in this section, means any publicly maintained or operated park. It does not include any facility when used for professional sports or commercial events. 241.3. (a) When an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment. (b) As used in this section, "public transportation provider" means a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a schoolbus. (c) As used in this section, "on the property of" means the entire station where public transportation is available, including the parking lot reserved for the public who utilize the transportation system. 241.4. An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both. When the assault is committed against the person of a peace officer engaged in the performance of his or her duties as a member of a police department of a school district pursuant to Section 38000 of the Education Code, and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. 241.6. When an assault is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of his or her duties, whether on or off campus, during the schoolday or at any other time, and the person committing the offense knows or reasonably should know the victim is a school employee, the assault is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both the fine and imprisonment. For purposes of this section, "school employee" has the same meaning as defined in subdivision (d) of Section 245.5. This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute. 241.7. Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who, while the legal action is pending or after the conclusion of the trial, commits an assault against any juror or alternate juror who was selected and sworn in that legal action, shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, or by imprisonment in the state prison. 241.8. (a) Any person who commits an assault against a member of the United States Armed Forces because of the victim's service in the United States Armed Forces shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. (b) "Because of" means that the bias motivation must be a cause in fact of the assault, whether or not other causes exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the assault. POURING, NOT THROWING, A COLD GLASS OF TEA, MAYBE NO ICE...BUT DEFINTELY COLD...WHERE IN THAT DOES IT SAY, THAT POURING A GLASS OF TEA ON SOMEBODY'S HEAD IS ASSAULT...please point it out to me...
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Costacat
Member
07-15-2000
| Tuesday, July 31, 2007 - 2:29 pm
It is not a "classic example of assault". It is exactly what it looked like... dumping a glass of tea on someone's head in frustration.
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Beckie03
Member
07-05-2007
| Tuesday, July 31, 2007 - 2:31 pm
he wasn't high off the floor so that the ice "pelted" her and could have caused damage. The cup did not touch her, no broken glass could have hurt her. It was tea, water and herbs...
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Costacat
Member
07-15-2000
| Tuesday, July 31, 2007 - 2:32 pm
No sugar Becks? I mean, that would've sweetened the deal, no?
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Gambit_x77
Member
08-25-2005
| Tuesday, July 31, 2007 - 2:32 pm
If I spit in someone's face it doesn't cause damage, BUT...
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Beckie03
Member
07-05-2007
| Tuesday, July 31, 2007 - 2:33 pm
tvwatcher, if it is civil assault, she could only sue. That is civil court, completely different than criminal court
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Beckie03
Member
07-05-2007
| Tuesday, July 31, 2007 - 2:34 pm
Oh man, I forgot about the sugar costa... Hey wait, it could have been raspberry iced tea...it could have had seeds...that it what hurt her, costa...see I figured it out
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Oddsygirl
Member
07-11-2006
| Tuesday, July 31, 2007 - 2:34 pm
Pamy, I guess there was Ice in it. The ice flew over her head and very little water dribbled down the left side of her hair.
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Costacat
Member
07-15-2000
| Tuesday, July 31, 2007 - 2:34 pm
How about this: quote:Even though assault and battery are often charged together. assault is often defined as a separate crime from battery. The definition of assault is described as "the unlawful attempt to violently injure another person." Various types of behavior are included in the definition of assault - even threats and attempts to physically injure someone would qualify as an assault (provided the alleged assault victim was aware of the threat). The definition of battery is described as the "unwanted touching of another person, or anything connected to that person." Considered offensive, a the definition of battery includes an intended act and without consent (permission) of the person being affected. Battery is forceful and/or violent. The primary difference between assault and battery is that battery requires more than merely the verbal threat of harm. The severity of an Assault & Battery charge can vary.
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Costacat
Member
07-15-2000
| Tuesday, July 31, 2007 - 2:35 pm
If anything, there's a possible battery charge here. But assault? Dumping tea? Violent? Nah, sorry, not gonna buy into that. ETA: With or without sugar, raspberry seeds, ice, or herbs.
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Sanfranjoshfan
Member
09-17-2000
| Tuesday, July 31, 2007 - 2:37 pm
" exactly, sanfran, it's too much gray...you can't say where is gets physical. " Yes, I can. It got physical when Dick's verbal abude escalated more and more until he physically poured tea on her. "what about the slop fight they had...that was physical. " That wasn't intentional physical abuse. "I don't care that it was fun and games...someone could have gotten hurt. Too much gray...you can't stand on it.." "Fun and games" does not equal INTENTIONAL ABUSE. Well, not in my house anyhow.
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Beckie03
Member
07-05-2007
| Tuesday, July 31, 2007 - 2:37 pm
but, the sugar beads and the raspberry seeds, costa...that is violent, ya know?? those things are deadly on top of the empire state building...
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Beckie03
Member
07-05-2007
| Tuesday, July 31, 2007 - 2:39 pm
Intentional, yes it was...they were intentional throwing slop at each other...they weren't doing it accidently
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Lori
Member
04-18-2003
| Tuesday, July 31, 2007 - 2:39 pm
If someone did this in the "real world" and the victim pushed for charges to be issued, it would most likely be a Disorderly Conduct charge and the punishment would likely be a fine. In some municipalities you can be cited for swearing in a public place. Society in general has become much ruder and people tolerate much more these days. Manners and good behavior are disappearing rapidly in today's society.
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Rubyroo77
Member
08-13-2005
| Tuesday, July 31, 2007 - 2:39 pm
I guess some of us are empaths and can really try to put ourselves in a situation, or have experienced these things ourselves. I personally don't think it's humorous that Jen got iced tea poured on her head. I felt really sad when I watched her get verbally assaulted by nick and dick. I think I would have felt very alone at that moment..so I understand some of us who are passionate about this.
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Nynana
Member
05-31-2005
| Tuesday, July 31, 2007 - 2:40 pm
In NY state that IS assult. People go to jail for it, though most get off with a fine and a warning. It does happen in the bars here too, and they go to jail for it if someone wants the cops called and presses charges. The fact of this matter is, Dicks verbal tirades have now moved into a physical context and how much more physical is he going to get? I lived with an abuser for 3 years, it didn't start out physical, it started out with name calling like b*tch and fng b*tch and proceded to get worse. Dick has a short fuse and his hatred of Jen is simmering just below the surface ALL the time. It festers in him until he lets loose. What happens when he explodes? BB employees can not get inside that house quick enough to prevent physical injury, whether it be Jen, Dick or people trying to prevent an attack from happening. Dick thinks his game is the only game and he can get away with anything he wants and by leaving him in the house BB is saying he can. CBS is libel if this progresses, IMO.
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Earthmother
Member
07-14-2002
| Tuesday, July 31, 2007 - 2:40 pm
and the fact that she didn't shower it off until this morning..hmmmm she could have been eaten by ants.
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Lancecrossfire
Animoderator
07-13-2000
| Tuesday, July 31, 2007 - 2:41 pm
The BB house isn't the real world. They sign away a lot to CBS, including how they can be treated.
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Sanfranjoshfan
Member
09-17-2000
| Tuesday, July 31, 2007 - 2:41 pm
"Intentional, yes it was...they were intentional throwing slop at each other...they weren't doing it accidently" There was no intentional ABUSE.
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Gambit_x77
Member
08-25-2005
| Tuesday, July 31, 2007 - 2:42 pm
Beckie: Did you get my point? Can Jen now spit in Dick's face? Its not doing any damage...
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Gambit_x77
Member
08-25-2005
| Tuesday, July 31, 2007 - 2:43 pm
Yeah, EM, those ants are now fire ants cuz she so hot.
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Lori
Member
04-18-2003
| Tuesday, July 31, 2007 - 2:47 pm
The BB house is not the "real world" but I guarantee you if it's a crime in the "real world", it's a crime in the BB house. Being in the house does not give anyone special privileges regarding the law, with the exception of perhaps slander and civil cases which they may have signed waivers regarding suing etc.
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Earthmother
Member
07-14-2002
| Tuesday, July 31, 2007 - 2:47 pm
lol..Gambit
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Earthmother
Member
07-14-2002
| Tuesday, July 31, 2007 - 2:49 pm
Manners and good behavior are disappearing rapidly in today's society. I'm sorry but those things are NOT ALLOWED in the BB house.
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